STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

MITTAL STEEL USA

ISG BURNS HARBOR, LLC.,

Respondent.

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Case No. 2005-15200-A

 

AGREED ORDER

 

The Complainant and the Respondent desire to settle and compromise this action without hearing or adjudication of any issue of fact or law, and consent to the entry of the following Findings of Fact and Order.  Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein.  Respondent's entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding, except a proceeding to enforce this Order.

 

I.  FINDINGS OF FACT

 

1.                  Complainant is the Commissioner (“Complainant”) of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.

 

2.                  Respondent is Mittal Steel USA ISG Burns Harbor (“Respondent”), which owns and operates a basic oxygen furnace (“BOF”) steel production facility at its integrated steel mill with plant ID number 089-00001, located at 250 West US Highway 12 in Burns Harbor, Porter County, Indiana (“Site”).

 

3.                  The Indiana Department of Environmental Management (“IDEM”) has jurisdiction over the parties and the subject matter of this action.

 

4.                  Pursuant to IC 13-30-3-3, on February 8, 2006, IDEM issued a Notice of Violation via Certified Mail to:

 

Mr. Rodney Mott, President

CT Corporation System

Mittal Steel USA, a

Registered Agent

General Partner of

for ISG Burns Harbor, LLC.

ISG Burns Harbor, LLC.

251 East Ohio Street

3250 Interstate Drive

Suite 1100

Richfield, Ohio 44286

Indianapolis, Indiana 46204

 

5.                  An inspection on September 13, 2005, at or near the Site, was conducted by a representative of IDEM’s Office of Air Quality (“OAQ”).  The following violations were observed at the time of this inspection:

 

a.                  Pursuant to 326 IAC 5-1-2(1)(A), opacity of visible emissions (“VE”) from sources in Porter County shall not exceed the 40% 6-minute average limit unless they are otherwise regulated.

 

During the inspection, VE opacity from the roof monitor at the BOF facility at this Site exceeded the limit once and was 99.1% for a 6-minute average in violation of 326 IAC 5-1-2(1)(A).

 

6.                  In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.

 

II.  ORDER

 

1.                  This Agreed Order shall be effective ("Effective Date") when it is approved by the Complainant or her delegate, and has been received by the Respondent.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.                  Respondent shall continuously comply with 326 IAC 5-1-2(1)(A).

 

3.                  All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

 

Janusz Johnson

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue, Mail Code: 60-02

Indianapolis, Indiana 46204-2251

 

4.                  Respondent is assessed a civil penalty of Eighteen Thousand Dollars ($18,000.00).  Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order.

 

5.                  Civil penalties are payable by check to the Environmental Management Special Fund.  Checks shall include the Case Number of this action and shall be mailed to:

 

Indiana Department of Environmental Management

Cashier’s Office

100 N. Senate Avenue, Mail Code: 50-10C

Indianapolis, Indiana 46204-2251

 

6.                  In the event that the civil penalty required by Order Paragraph No. 4 of this Agreed Order is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.

 

7.                  This Agreed Order shall apply to and be binding upon the Respondent, its successors and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent.  No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.

 

8.                  In the event that any terms of the Agreed Order are found to be invalid, the remaining terms shall remain in full force and effect and shall be construed and enforced as if the Agreed Order did not contain the invalid terms.

 

9.                  The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred.   Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

 

10.             This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.

 

 

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TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Mittal Steel USA

 

By:

 

 

By:

 

 

David P. McIver

 

Printed:

 

 

Chief, Air Section

 

Title:

 

 

Office of Enforcement

 

 

 

Date:

 

 

Date:

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

Department of Environmental Management

 

 

 

By:

 

 

By:

 

 

 

 

 

 

 

Office of Legal Counsel

 

 

 

Date:

 

 

Date:

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

 DAY OF

 

, 200

 

.

 

 

For The Commissioner:

 

 

 

Signed on December 7, 2006

 

Lori Kyle Endris

 

Acting Chief

 

for Compliance and Enforcement